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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On August 27, 2013, the Defendant entered the Defendant as a director of the Victim Company’s in-house director, and took overall charge of the construction work from the F Corporation located in Gyeonggi-si in the subcontracted Gyeonggi-si. However, the Defendant guaranteed 20% of the construction cost agreed with the prime contractor in return for the victim’s profit, raised the remainder 80% of the construction cost, and brought the remainder into the Defendant’s profit. The method of financing the specific construction cost by the prime contractor, upon receiving progress payment from the prime contractor, the Defendant submitted a detailed statement of the construction cost to the victim and agreed to receive the construction cost among them orally or implicitly.
On the other hand, from December 12, 2013, the Defendant, from around December 12, 2013, managed the receipt account for the progress payment of the victim, and also managed the funds of the victim.
1. Around September 13, 2013, the Defendant embezzled KRW 15,121,650, total sum of five times, as shown in Appendix 1, until January 2, 2014, at the victim’s office located in Gwangju-si, including embezzlement, occupational embezzlement, and embezzlement of KRW 15,650,000, as shown in Appendix 1.
2. On November 12, 2013, at the office of the victim as stated in paragraph (1) around November 12, 2013, the defrauded stated to the effect that “The indictment of KRW 125,500,000 as the purchase price for steel and stone is stated in the bill of indictment of KRW 125,00,000, and is also indicated in attached Table 2 No. 1, but it is obvious that this is a clerical error of KRW 125,00,000,000, because it is obvious that the Defendant’s payment was made.”
However, the fact was that the defendant was already paid the purchase price for the above steel bars and stone as the construction expenses from the victim.
The Defendant is identical to this.